ORIENTAL INSURANCE COMPANY LTD Vs. SUSHIL KUMAR PANDEY

JUDGEMENT

(1.) This is an appeal filed by the Insurance Company. The appellant is the insurer of a Maruti Van bearing no. U.P. 70 M - 8525.

(2.) The only submission of the learned counsel for the appellant is that the offending vehicle did not possess the fitness certificate as required under Section 56 of the Motor Vehicle Act. He further submitted that the sitting capacity of the vehicle is of eight passengers, which is clear from the registration certificate and, therefore, in view of the circular dated 12th December, 2005 issued by the Transport Commissioner, Uttar Pradeh, the vehicle having capacity of more than six persons, it is necessary to have fitness certificate. Since the vehicle did not possess fitness certificate, therefore, there was a breach of the policy and the Insurance Company is not liable to pay the compensation.

(3.) We do not find any substance in the argument of learned counsel for the appellant.